Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 23, 2025
CASE NO(S).: OLT-25-000221
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: 2441952 Ontario Inc.
Appellant: 4158 Kingston Road, Inc. c/o NADG
Appellant: 829 The Queensway Inc.
Appellant: Roman Catholic Episcopal Corporation for the Diocese of Toronto, in Canada
and others
Subject: Proposed Official Plan Amendment
Description: To update the Official Plan Avenues policies as part of the Housing Action Plan
Reference Number: OPA 778
Property Address: City-wide
Municipality/Upper Tier: City of Toronto
OLT Case Number: OLT-25-000221
OLT Lead Case Number: OLT-25-000221
OLT Case Name: 2441952 Ontario Inc. v. Toronto (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: 430 Royal York GP Inc.
Request for: Directions
Heard: July 14, 2025, in writing
APPEARANCES:
Parties
Counsel
430 Royal York GP Inc.
Joe Hoffman
DECISION DELIVERED BY Kurtis Smith AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Following the first Case Management Conference (“CMC”), 430 Royal York LP (“Moving Party”) filed a Motion pursuant to Rule 10 of the Tribunal’s Rules of Practice and Procedure.
2The Motion, as stated in paragraph 4, seeks to bring into force Official Plan Amendment 778 (“OPA 778”) for the lands municipally known as 428 and 430 Royal York Road (“Subject Property”) in the City of Toronto (“City”) and amending Map 2, Urban Structure, of the City’s Official Plan, by adding the “Avenues” overlay to the segment of Royal York Road, as shown in Attachment 1.
3The Intent of the Motion is to allow the Moving Party the efficient progress of their proposed development sought for the Subject Property to construct 60 residential dwelling unites and at-grade related retail.
THE MOTION
4The Moving as stated in the Notice of Motion is as follows:
a. An Order pursuant to subsection 17(50) of the Planning Act, R.S.O. 1990. C. P. 13, as amended (the “Act”) bringing into force Official Plan Amendment 778 for the lands municipally known as 428 and 430 Royal York Road in the City of Toronto.
b. An Order pursuant to subsection 17(50) of the Act, amending Map 2, Urban Structure, of the City of Toronto’s Official Plan, by adding the Avenues overlay to the segment of Royal York Road from Kingsgrove Boulevard to Lakeshore Boulevard West, as shown on Exhibit ‘E’ attached to the Affidavit of Paul Demczak.
c. An Order that the Parties to the proceeding will not take the position that the Tribunal ought not to approve a proposed modification on the basis that they deviate from, or are inconsistent with, approved portions of OPA 778 for the Property.
d. Confirmation that the Order from the Tribunal does not prejudice the appellants or any other parties with respect to the matters subject to the appeals of OPA 778, and, for greater clarity, nothing in this Order fetters the Tribunal’s authority to make any other orders in respect of OPA 778.
e. Such further and other relief as requested by counsel and as the Tribunal may permit.
OPA 778 BACKGROUND
5The City adopted OPA 778 on February 11, 2025, with respect to expanding the Avenues and updating the Avenues Policies.
6The appeal period ended at 4:30 p.m. on March 13, 2025, pursuant to S. 17(24) of the Act. Five Appeals were filed.
MOTION RESPONSE
7The City and five Appellants to OPA 778 did not respond to the Motion and therefore did not object.
ANALYSIS & FINDINGS
8As outlined in the First CMC Decision issued on June 10, 2025, the Appellants are to provide the City with their scoped issues and to identify the property or area in which their appeals apply by July 9, 2025.
9In considering the Motion the Tribunal bears in mind s. 17(27) of the Act which provides that where there is an appeal of the decision of Council, but the part of the decision is not subject of the appeal(s), the decision is final and comes into effect after the last date of filing a notice of appeal:
Decision final
(27) If one or more persons or public bodies have a right of appeal under subsection (24) in respect of all or part of the decision of council, but no notice of appeal is filed under that subsection and the time for filing appeals has expired,
(a) the decision of council or the part of the decision that is not the subject of an appeal is final; and
(b) the plan or part of the plan that was adopted and that is not the subject of an appeal comes into effect as an official plan or part of an official plan on the day after the last day for filing a notice of appeal. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (4).
10Provided that the City and the Appellants to OPA 778 did not object to the Motion before the Tribunal it is abundantly clear that the Appellants’ appeals do not apply to the Subject Property. The Motion seeks an Order pursuant to s. 17(50) of the Act that states:
Powers of Tribunal
(50) On an appeal or a transfer under this section, the Tribunal may approve all or part of the plan as all or part of an official plan, make modifications to all or part of the plan and approve all or part of the plan as modified as an official plan or refuse to approve all or part of the plan. 1996, c. 4, s. 9; 2017, c. 23, Sched. 3, s. 6 (25); 2019, c. 9, Sched. 12, s. 3 (22).
11As such, the appeals filed against OPA 778 do not contain the policies and overlays the Moving Party seeks to come into force and effect relating to this site-specific Motion.
12The Tribunal is not able to order the unappealed portions of an OPA.
13Therefore, the Avenue Policies and Overlay relating to the Subject Property are confirmed as not being the subject of an appeal, as evidenced through the City and Appellants not objecting, and therefore came into full force and effect on March 14, 2025.
ORDER
14THE TRIBUNAL ORDERS THAT:
a. The policies and maps (including Attachment 1) of Official Plan Amendment 778 to the City of Toronto Official Plan concerning 428 and 430 Royal York Road, in the City of Toronto, came into force and effect on March 14, 2025 by operation of subsection 17(27) of the Planning Act, R.S.O. 1990. C. P. 13;
b. The City and/or Appellants will not take the position that the Tribunal ought not to approve a proposed modification on the basis that they deviate from, or are inconsistent with, confirmed unappealed portions of Official Plan Amendment No. 778, as confirmed in respect of for 428 and 430 Royal York Road; and,
c. This Order does not prejudice the Appellants or any other Parties with respect to the matters subject to the appeals in OLT-25-000221. For greater clarity, nothing in this Order fetters the Tribunal’s authority to make other Orders in respect of OLT-25-000221.
“Kurtis Smith”
Kurtis Smith
Member
Ontario Land Tribunal
Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
ATTACHMENT 1